Kremerov v. Forest View Nursing Home, Inc.

part and dissents in part and votes to affirm the order

with the following memorandum: Like the ma-

jority, I discern no improvident exercise of the Supreme Court’s broad discretion in granting the defendant leave to amend its answer to include the affirmative defense of assumption of risk. However, I conclude that the defendant was entitled to summary judgment based upon that defense, and I would affirm the order appealed from.

*622The injured plaintiff, Dora Kremerov (hereinafter the plaintiff), was 85 years old at the time of her accident and had been a registered member of the free adult daycare…